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Session Laws, 1947
Volume 411, Page 1757   View pdf image (33K)
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WM. PRESTON LANE, JR., GOVERNOR. 1757

shall not in any event exceed two years from the date of such
suspension of sentence or probation. Said Justices of the
Peace, from time to time, may continue to extend the period
of probation and suspension of sentence first fixed, until the
conditions originally or thereafter prescribed by said Justices
of the Peace shall have been fulfilled, but the length of the
entire period shall in no event exceed the maximum time
herein prescribed.

(4) Said Justices of the Peace at any time may end such
period of probation, or during such period, or written charges
preferred under oath, of violation of any condition of pro-
bation, may issue a warrant or notice requiring the proba-
tioner or person accused to be brought or to appear before
the Justice of the Peace issuing said warrant or notice, to
answer such charges of violation of conditions of probation
or suspension of sentence, and to fix a date for the hearing of
such charge or violation of said conditions. Pending the hear-
ing or determination of such charge, the probationer or per-
son accused may be sent to jail by said Justice of the Peace,
or may be by him released, with or without bail, as said Justice
of the Peace may determine. If at such hearing the person
accused be found by said Justice of the Peace to have violated
any of the terms of said conditions of probation, said Justice
of the Peace may revoke the probation granted or suspension
of sentence, and may impose any sentence, to take effect from
its date, which he might have originally imposed for the crime
of which said probationer or person accused was either con-
victed or to which he pleaded guilty, or nolo contendere; or if
neither conviction nor plea of guilty or nolo contendere was
had, then the person accused may be tried on said charge.

(5) Any charge of violation of the terms of probation or
the suspension of sentence shall be heard and determined by
the Justice of the Peace who originally heard the matter and
imposed the terms, notwithstanding in the interim he may
have been transferred to another station house, and the pro-
bationer or person accused shall be sentenced by said Justice
of the Peace; provided, however, that where the term of office
of the Justice of the Peace to whom the matter was originally
heard has expired or where said Justice of the Peace has been
removed from office, has died, resigned or has otherwise become
incapacitated, then his successor in the station house where
he was last assigned shall have full power and jurisdiction to
hear and determine the matter and to impose sentence as fully
and completely as if the case was originally brought before
said successor.

 

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Session Laws, 1947
Volume 411, Page 1757   View pdf image (33K)
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